THE Tories have said they will not recall Parliamen despite Scotland’s most senior judges calling its suspension “unlawful”.

The UK Government has said it will await the ruling of the Supreme Court on Tuesday, when nine law lords will consider their appeal against the Scottish decision as well as judgements made in an English and Northern Irish case.

At a Court of Session hearing yesterday, Lord Carloway stunned Whitehall when he told the court in Edinburgh: “We are of the opinion that the advice given by the Government to her majesty the Queen to prorogue Parliament was unlawful and that the prorogation itself was unlawful.”

The sensational ruling sparked calls from the SNP, Labour and the LibDems to recall MPs immediately.

READ MORE: Scottish court ruling threatens to help end Boris Johnson’s reign

Scottish First Minister Nicola Sturgeon told the BBC: “Parliament should be recalled immediately and I would call on the Prime Minister to do the right thing, bring Parliament back from its unlawful prorogation and allow that essential work of scrutiny to continue.”

Around 40 MPs tried to return to work in the Commons yesterday afternoon, staging a small protest outside.

SNP deputy Westminster leader Kirsty Blackman was among them. She said :”It is absolutely shocking that in this time of constitutional crisis the Prime Minister is putting his own interests first and has decided to prorogue Parliament.

“The judgment in the Scottish courts today that that was unlawful ... we absolutely agree with that judgement. We are ready and waiting for Parliament to sit.”

Liberal Democrat leader Jo Swinson said it was clear Prime Minister Boris Johnson had prorogued Parliament “to force through his No-Deal Brexit without having scrutiny, without having to obey the normal rules”.